82 Stat. ]
PUBLIC LAW 90-618-OCT. 22, 1968
L2I3
Public Law 90-617
an ACT
To amend section 2 of the Act of June 30, 1**54, as amended, providing for the
continuance of civil government for the Trust Territory of the Pacific Islands*.
October 21. 1968
[S. 3207]
Be it enacted by the Senate and Home of Representatives of the
United States of America in Congress assembled. That section 2 of the
Act of June 30, 19M (68 Stat. 330), as amended, is amended by delet-
ing -'and $35,000,000 for each of the fiscal years 1968 and 1969," and
inserting in lieu thereof a comma and the following: "for fiscal year
1SJ6D, $5,000,000 in addition to the sums heretofore appropriated, for
fiscal year 1970, $50,000,000 and for fiscal year 1971, $50,000,000",
Sec. 2, Tbe Act of June 30, 1954 (68 Stat. 330), as amended, is
amended by adding a new section 3 as follows :
"Sec. tl There are hereby authorized to be appropriated such sums
as the Secretary of the Interior may find necessary, but not to exceed
$10,000,000 for any one year, to alleviate suffering and damage result-
ing from major disasters that occur in the Trust Territory of the
Pacific Islands. Such sums shall be in addition to those authorized
in section 2 of this Act and shall not be subject to the limitations
imposed by section 2 of this Act. Hie Secretary of the Interior shall
determine whether or not a major disaster has occurred in accordance
with the principles and policies of section 2 of the Act of September $0,
1950 (64 Stat. 1109), as amended (42 ILS.C. 1855a)."
Approved October 21, 1968.
Pacific Trust
Territory, civil
government.
Appropriation*
81 Stat, 15.
4 St USC 1681 note.
Disaster relief.
76 Stat. 111.
Public Law 90-618
AN ACT October 22, 1968
To amend title 18, raited State* Code, to provide for better control of tilts [H. R. 17735)
interstate traffic in firearms.
Be it enacted by the Senate and Home of Representatives of the
United (States of America in Congress asseTooled. That this Act may ;^" Contro1 Act
be cited us t he "Gun Control Act of 1968".
TITLE I— STATE FIREARMS CONTROL ASSISTANCE \
PURPOSE
Sec. 101. The Congress hereby declares that the purpose of this title
is to provide support to Federal, State, and local law enforcement
officials in their nght against crime and violence, and it is not the
purpose of this title to place any undue or unnecessary Federal restric-
tions or burdens on law-abiding citizens w T ith respect to the acquisi-
AUTHENTICATED
U.S. GOVERNMENT
INFORMATION
cpc^r
PUBLIC LAW 90-618-OCT. 22, 1968 [82 Stat.
Ante, p. 226.
Hon , possession, or use of firearms appropriate to the purpose of
hunting, trapshooting, target shooting, personal protection, or any
other lawful activity, and that this title is not intended to discourage
or eliminate the private ownership or use of firearms by law-abiding
citizens for lawful purposes, or provide for the imposition by Federal
regulations of any procedures or requirements other than those rea-
sonably necessary to implement and effectuate the provisions of this
title.
Sec. 102. Chapter 44 of title 18, United States Code, is amended
to read as follows:
"Chapter 44* — FIREARMS
"Bee,
"921," Definitions.
"922. Unlawful acts.
"»23. Licensing.
"924. Penalties.
"925. Exceptions : Relief from disabilities,
"926. Rules and regulations.
"927. Effect on State law.
■*92& Separability clause,
"§ 921, Definitions
" ( a ) As used in this chapter —
"(1) The term 'person' and the term 'whoever 1 include any indi-
vidual, corporation, company, association, firm, partnership, society,
or joint stock company.
"(2) The term 'interstate or foreign commerce' includes commerce
between any place in a State and any place outside of that State, or
within any possession of the United States (not including the Canal
Zone) or the District of Columbia, but such term does not include
commerce between places within the same State but through any place
outside of that State. The term 6 State' includes the District of Colum-
bia^ the Commonwealth of Puerto Rico, and the possessions of the
United States (not including the Canal Zone) .
14 (8) The term 'firearm' means (A) any weapon ( including a starter
gun) which will or is designed to or may readily be converted to expel
ii projectile by the action of an explosive; (B) the frame or receiver
of any such weapon; (C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include an antique
firearm.
"(4) The term destructive device' means —
"(A) any explosive, incendiary, or poison gas —
"(i) bomb,
"fii) grenade,
"(Hi) rocket having a propelhmt charge of more than four
ounces,
"(iv) missile having an explosive or incendiary charge of
more than one-quarter ounce,
"fvj mine, or
a (viJ device similar to any of the devices described in the
preceding clauses;
70A Stat, 263 +
82 Stat, ] PUBLIC LAW 90-618-OCT, 22, 1968 1215
"(B) any type of weapon (other than a shotgun or a shotgun
shell which the Secretary finds is generally recognized as particu-
larly suitable for sporting purposes) by whatever name known
which will, or which may he readily converted to, expel a projectile
by the action of an explosive or other propellant, and which has
any barrel with a bore of more than one- half inch in diameter ; and
i4 (C) any combination of parts either designed or intended for
use in converting any device into any destructive device described
in subparagraph (A) or (B) and from which a destructive device
may be readily assembled.
The term "destructive device" shall not include any device which is
neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is redesigned
for use as a signaling, pyrotechnic, line throwing, safety, or similar
device; surplus ordnance sold, loaned, or given by the Secretary of the
Army pursuant to the provisions of section 4684(2), 4685, or 4686 of
title 10 ; or any other device which the Secretary of the Treasury finds
is not likely to be used as a weapon, is an antique, or is a rifle which the
owner intends to use solely for sporting purposes.
"(5) The term £ shot|run J means a weapon designed or redesigned,
made or remade, and intended to l>e fired f rom the shoulder and
designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore either
a number of ball shot or a single projectile for each single pull of the
trigger,
(6) The term 'short-barreled shotgun- means a shotgun having one
or more barrels less than eighteen inches in length and any weapon
made from a shotgun (whether by alteration, modification, or other-
wise) if such weapon as modified has an overall length of less than
twenty-six inches.
" (7) The term 'rifle' means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the explosive in a
Hxed metallic cartridge fo fire only a single projectile through a rifled
bore for each single pull of the trigger,
"(8) The term 'short-barreled rifle 5 means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle (whether by alteration, modification, or otherwise) if
such weapon, as modified, has an overall length of less than twenty-six
inches.
" (9) The term 'importer' means any person engaged in the business
of importing or bringing firearms or ammunition into the United
States for purposes of sale or distribution ; and the term 'licensed im-
porter' means any such person licensed under the provisions of this
chapter.
"(10) The term 'manufacturer 5 means any person engaged in the
manufacture of firearms or ammunition for purposes of sale or dis-
PUBLIC LAW 90-618-OCT. 22, 1968
[82 Stat,
Publication in
Federal KegUter
tribution ; and the term 'licensed manufacturer' means any such per-
son licensed under the provisions of this chapter.
"(11) The term 'dealer means (A) any person engaged in the
business of selling firearms or ammunition at wholesale or retail, (B)
any person engaged in the business of repairing firearms or of making
or fitting special barrels, stocks, or trigger mechanisms to firearms,
nr (C) any person who is a pawnbroker. The term licensed dealer'
means any dealer who is licensed under the provisions of this chapter.
"(12) The term 'pawnbroker' means any person whose business or
occupation includes the taking or receiving, by way of pledge or
pawn, of any firearm or ammunition as security for the payment or
repayment of money.
"(13) The term 'collector* means any person who acquires, holds, or
disposes of firearms or ammunition as curios or relics, as the Secretary
shall by regulation define, and the term 'licensed collector' means any
such person licensed under the provisions of this chapter.
"(14) The term 'indictment' includes an indictment or information
in any court under which a crime punishable by imprisonment for a
term exceeding one year may be prosecuted.
"(15) The term 'fugitive from justice' means any person who has
fled from any State to avoid prosecution for a crime or to avoid giving
testimony in any criminal proceeding.
"(16) The term 'antique firearm' means —
"(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; and
"(B) any replica of any firearm described in subparagraph
(A) if such replica —
"(i) is not designed or redesigned for using rimfire or con-
ventional centerflre fixed ammunition, or
. "(ii) uses rimfire or conventional centerflre fixed ammuni-
tion which is no longer manufactured in the United States
and which is not readily available in the ordinary channels
of commercial trade.
"(17) The term 'ammunition' means am mun i t ion o r cart ridge cases,
primers, bullets, or propellent powder designed for use in any firearm.
" (18) The term Secretary" or 4 Secretary of the Treasury' means the
Secretary of the Treasury or his delegate,
"(19) The term 'published ordinance' means a published law of
any political subdivision of a State which the Secretary determines to
be relevant to the enforcement of this chapter and which is contained
on a list compiled by the Secretary, which list shall he published in the
Federal Eegister, revised annually, and furnished to each licensee
under this chapter.
"(20) The term 'crime punishable by imprisonment for a term ex-
ceeding one year' shall not include (A) any Federal or State offenses
pertaining to antitrust violations, unfair trade practices, rest mints of
trade, or other similar offenses relating to the regulation of business
practices as the Secretary may by regulation designate, or (B) any
State offense (other than one involving a firearm or explosive) classi-
fied by the laws of the State as a misdemeanor and punishable by a
term of imprisonment of two years or less*
"(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his permanent
duty station is located.
"§ 922. Unlawful acts
"(a) It shall be unlawful—
" (1 ) for any person, except a licensed importer, licensed manu-
facturer, or licensed dealer, to engage in the business of importing,
82 Stat, ] PUBLIC LAW 9G^618~-OCT. 22, 1968
manufacturing, or dealing in firearms or ammunition, or in the
course of such business to ship, transport, or receive any firearm or
ammunition in interstate or foreign commerce;
u {2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or transport
in interstate or foreign commerce any firearm or ammunition to
any person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that —
"(A) this paragraph and subsection (b) (3) shall not be
held to preclude a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector from returning a firearm
or replacement firearm of the same kind and type to a j>erson
from whom it was received; and this paragraph shall not be
held to preclude an individual from mailing a firearm owned
in compliance with Federal, State, and local law to a licensed
importer, licensed manufacturer, or licensed dealer for the
sole puqx>se of repair or customizing ;
"(B) this paragraph shall not be held to preclude a licensed
importer, licensed manufacturer, or licensed dealer from
depositing a fi rearm for conveyance in the mails to any officer,
employee, agent, or watchman who^ pursuant to the provisions
of section 1715 of this title, is eligible to receive through the 63 6 s t ^ at 9 ' 5 781:
mails pistols, revolvers, and other firearms capable of being
concealed on the person, for use in connection with his official
duty: and
U (C) nothing in this paragraph shall be construed as
applying in any maimer in the District, of Columbia, the Com-
mon wealth of Puerto Rico, or any possession of the United
States differently than it would apply if the District of
Columbia j the Commonwealth of Puerto Rico, or the posses-
sion were in fact a State of the United States ;
"(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transjmrt
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains
a place of business) any firearm purchased or otherwise obtained
by such person outside that State, except that this paragraph (A)
shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State
of residence from transporting the firearm into or receiving it
in that State, if it is lawful for such person to purchase or possess
such firearm in that State, (B) jahall not apply to the transporta-
tion or receipt of a rifle or shotgun obtained in conformity with
Hie provisions of subsection (b) (3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter ;
"(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to transport ill
interstate or foreign commerce any destructive device, machine-
gun (as defined in section 5845 of the Internal Revenue Code of
195-t), short-barreled shotgun, or short -barreled rifle, except as Po * tf p - mi *
specifically authorized by the Secretary consistent with public
safety and necessity;
"(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sclh trade, give, transport, or deliver any firearm to any person
(other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows or has rea-
sonable cause to believe resides in State other than that in
PUBLIC LAW 90-618-OCT- 22, 1968
[82 Stat.
which the transferor resides (or other than that in which its place
of business is located if the transferor is a corporation or other
business entity) ; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made
to carry out a bequest of a firearm to, or an acquisition by intes-
tate succession of a firearm by, a person who is permitted to
acquire or possess a firearm under the laws of the State of his
residence, and (B) the loan or rental of a firearm to any person
for temporary use for lawful sporting purposes; mid
*'(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious oral
or written statement or to furnish or exhibit any false, fictitious,
or misrepresented identification, intended or likely to deceive such
importer, manufacturer, dealer, or collector with respect to any
fact material to the lawfulness of the sale or other disposition of
such firearm or ammunition under the provisions of this chapter.
"(b) It shall be unlawful for any licensed importer, licensed manu-
facturer, licensed dealer, or licensed collector to sell or deliver—
"(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to l>elieve is less than
eighteen years of age, and, if the firearm, or ammunition is other
, thin a shotgun or nfle, or ammunition for a shotgun or rifle,
to any individual who the licensee knows or has reasonable cause
to believe is less than twenty-one years of age*
"(2) any firearm or ammunition to any person in any State
where the purchase or possession by such person of such firearm
or ammunition would be in violation of any State law or any
published ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has reasonable cause
to believe that the purchase or possession would not be in violation
of such State law or such published ordinance ;
"(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person is a
corporation or other business entity, does not maintain a place of
business in) the State in which the licensee's place of business is
located, except that this paragraph (A ) shall not apply to the sale
or delivery of a rifle or shotgun to a resident of a State contiguous
to the State in which the licensee's place of business is located if
the purchaser's State of residence permits such sale or delivery by
law, the sale fully complies with the legal conditions of sale in both
such contiguous States, and the purchaser and the licensee have,
prior to the sale, or delivery for sale, of the rifle or shotgun, com-
plied witJi all of the requirements of section 922(c) applicable to
intrastate transactions other than at the licensee's business prem-
ises, (B) shall not apply to the loan or rental of a firearm to any
person for temporary use for lawful sporting purposes, and (C)
shall not preclude any person who is participating in any orga-
nized rifle or shotgun match or contest, or is engaged in hunting,
in a State other than his State of residence and whose rifle or shot-
ftin has been lost or stolen or has become inoperative in such other
tate, from purchasing a rifle or shotgun in such other State from
a licensed dealer if such person presents to such dealer a sworn
statement (i) that his rifle or shotgun was lost or stolen or became
inoperative while participating in such a match or contest, or while
engaged in hunting, in such other State, and (ii) identifying the
chief law enforcement officer of the locality in which such person
resides, to whom such licensed dealer shall forward such statement
by registered mail;
82 Stat. ]
PUBLIC LAW 90-618-OCT, 22, 1968
"(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Interim! Revenue Code of 1954 ), Posf < *- 1231 >
ghort-barreled shotgun, or short -barreled rifle, except as specifi-
cally authorized l>y the Secretary consistent with public safety and
necessity; and
"(5) any firearm or ammunition to any person unless the licensee Recordkeeping,
notes in his records, required to be kept pursuant to section 923 of
this chapter, the name, age, and place of residence of such person
if the jjerson is an individual, or the identity and principal and
local places of business of such person if the person is a corporation
or other business entity.
Paragraphs (1), (2), (3) , and (4) of this subsection shall not apply to
transactions between licensed importers, licensed manufacturers,
licensed dealers, and licensed collectors. Paragraph (4) of this sub-
section shall not apply to a sale or delivery to any research organiza-
tion designated by the Secretary.
"(c) In any case not otherwise prohibited by this chapter, a licensed
importer, licensed manufacturer, or licensed dealer may sell a firearm
to a person who does not appear in person at the licensee's business
S remises (other than another licensed importer, manufacturer, or
ealer) only if—
"(1) the transferee submits to the transferor a sworn statement
In the following form :
" 'Subject to penalties provided by law, I swear
that, in the case of any firearm other than a shotgun
or a rifle, I am twenty-one years or more of age, or
that, in the case of a shotgun or a rifle, I am eighteen
years or more of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United States
Code, from receiving a firearm in interstate or for- ****** p. ui4,
eigrn commerce; and that my receipt of this firearm
will not be in violation of any statute of the State
and published ordinance applicable to the locality
in which I reside. Further, the true title, name, and
address of the principal law enforcement officer of
the locality to which the firearm will be delivered
are
Signature Date '
and containing blank spaces for the attachment of a true copy
of any permit or other information required pursuant to such
statute or published ordinance;
u (2) the transferor has, prior to the shipment or delivery of
the firearm, forwarded by registered or certified mail (return
receipt requested) a copy of the sworn statement, together with
a description of the firearm, in a form prescribed by the Secretary,
to the chief law enforcement officer of the transferee^ place of
residence, and has received a return receipt evidencing delivery
of the statement or has had the statement returned due to the re-
fusal of the named addressee to accept such letter in accordance
with United States Post Office Department regulations; and
"(3) the transferor has delayed shipment or delivery for a
period of at least seven days following receipt of the notification
of the acceptance or refusal of delivery of the statement.
A copy of the sworn statement and a copy of the notification to the local Recordkeepine<
law enforcement officer, together with evidence of receipt or rejection
of that notification shall be retained by the licensee as a part of the
records required to be kept under section 923(g)*
PUBLIC LAW 90-618-OCT. 22, 1968 [82 Stat.
"(d) It shall be unlawful for any licensed importer, licensed manu-
facturer, licensed dealer, or licensed collector to sell or otherwise dis-
pose of any firearm or ammunition to any person knowing or having
reasonable cause to believe that such person —
"(1) is under indictment for, or has Iwen convicted in airy court
of, a crime punishable by imprisonment for a term exceeding one
year;
" ( 2 ) i s a fugi tive f rom j u st ice ;
?-(8) is an unlawful user of or addicted to marihuana or any
depressant, or stimulant drug {as defined in section 201 (v) of the
3]°usc32L L Federal Food, Drug, and Cosmetic Act) or narcotic drug (as
74 siaV. 57." defined in section 4731 (a) of the Internal Revenue ('ode of ;
26 XJSC 4731. Qr
"(4) has been adjudicated as a mental defective or has been
committed to any mental institution.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed manufac-
turer, licensed dealer, or licensed collector who pursuant to subsection
(b) of section 9*25 of this chapter is not precluded from dealing in fire-
arms or ammunition, or to a person wbo has been granted relief from
disabilities pursuant to subsection fc) of section 92£ of this chapter.
"(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for transporta-
tion or shipment in interstate or foreign commerce, to persons other
than licensed importers, licensed manufacturers, licensed dealers, or
licensed collectors, any package or other container in which there is
any firearm or ammunition without written notice to the carrier that
such firearm or ammunition is being transported or shipped; except
that any passenger who owns or legally possesses a lire arm or ammu-
nition being transported aboard any common or contract carrier for
movement with the passenger in interstate or foreign commerce, may
deliver said firearm or ammunition into the custody of the pilot, cap-
tain, conductor or operator of such common or contract carrier for the
duration of the trip without violating any of the provisions of this
chapter.
"(f) It shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm or
ammunition with knowledge or reasonable cause to believe that the
shipment, transportation, or receipt thereof would be in violation of
the provisions of this chapter,
"(g) It shall be unlawful for any person—
"(1) who is under indictment for, or who has been convicted in
any court of, a crime punishable by imprisonment for a term
exceeding one year;^
"(21 who is a fugitive from justice;
"(3) who is an unlawful user of or addicted to marihuana or
any depressant or stimulant drug (as defined in section 201 (v)
of the Federal Food, Drug, and Cosmetic Act ) or narcotic drug
(as defined in section 4731(a) of the Internal Revenue Code of
1954) : or
"(4) who has been adjudicated as a mental defective or who
has been committed to a mental institution;
to ship or transport any firearm or ammunition in interstate or foreign
commerce,
"(h) It shall be unlawful for any person —
"(1) who is under indictment for, or who has been convicted in
any court of, a crime punishable by imprisonment for a term
exceeding one year;
"(2) who is a fugitive from justice;
82 Stat, ] PUBLIC LAW 90-618-OCT. 22,
u (3) who is an unlawful user of or addicted to marihuana or
any depressant or stimulant drug (as defined in section 201 (v) of
the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as
defined in section 4731(a) of the Internal Revenue Code of 1954) ;
or
"(4) who has been adjudicated as a mental defective or who
has been committed to any mental institution;
to receive any firearm or ammunition which has been shipped or trans-
ported in interstate or foreign commerce.
"(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen ammu-
nition, knowing or having reasonable cause to believe that the firearm
or ammunition was stolen.
"(j) It shall lye unlawful for any person to receive, conceal, store,
barter, sell, or dispose of any stolen firearm or stolen ammunition, or
pledge or accept as security for a loan any stolen firearm or stolen
ammunition, which is moving as, which is a part of, or which consti-
tutes, interstate or foreign commerce, knowing or having reasonable
cause to believe .that the firearm or ammunition was stolen.
"(k) It shall be unlawful for any person knowingly to transport,
.ship, or receive, in interstate or foreign commerce, any firearm which
has had the importers or manufacturer's serial number removed, oblit-
erated, or altered,
" (1) Except as provided in section 925 ( d) of this chapter, it shall be
unlawful for any person knowingly to import, or bring into the United
States or any possession thereof any firearm or ammunition; and it
shall be unlawful for any person knowingly to receive anv firearm or
ammunition which has been imported or brought into the ifnited States
or any possession thereof in violation of the provisions of this chapter.
"(m ) It shall be unlawful for any licensee! importer, licensed manu-
facturer, licensed dealer, or licensed collector knowingly to make any
false entry in, to fail to make appropriate entry in, or to fail to properly
maintaiiij any record which he is required to keep pursuant to section
923 of this chapter or regulations promulgated thereunder*
"§ 923, Licensing
"(a) No perso n sh a 1 1 enga ge i n b usiness as a fi rea rms or amm u ni tie n
importer, manufacturer, or dealer until he has filed an application with,
and received a license to do so from, the Secretary. The application
shaJI be in such form and contain such information as the Secretary
shall by regulation prescribe. Each applicant shall pay a fee for obtain-
ing such a license, a separate fee being required for each place in which
the applicant is to do business, as follows :
"(1) If the applicant is a manufacturer —
"(A) of destructive devices or ammunition for destructive de-
vices, a fee of $1,000 per year;
"(B) of firearms other than destructive devices, a fee of $50
per year; or
"(C) of ammunition for firearms other than destructive de-
vices, a fee of $10 per year.
" (2) If the applicant is an importer —
"(A) of destructive devices or ammunition for destructive de-
vices, a fee of $1,000 per year ; or
"(B) of firearms other than destructive devices or ammunition
for firearms other than destructive devices, a fee of $50 per year.
" (3) If the applicant is a dealer—
"(A) in destructive devices or ammunition for destructive
devices, a fee of $1,000 per year ;
Post, p. 1361.
21 USC 321.
74 Stat. 57,
26 USC 4731.
Recordkeeping.
Fee*.
PUBLIC LAW 90^1EW)CT\ 22, 1968 [82 Stat.
"(13) who is a pawnbroker dealing in firearms other than
destructive devices or ammunition for firearms other than destruc-
tive devices, a fee of $25 per year ; or
"(C) who is not a dealer in destructive devices or a pawn-
broker, a fee of $10 per year,
"(b) Any person desiring to be licensed as a collector shall file an
application for such license with the Secretary, The application shall
be in such form and contain such information as the Secretary shall by
regulation prescribe. The fee for such license shall be $10 per year. Any
license granted under this subsection shall only apply to transactions
in curios and relics.
"(c) Upon the filing of a proper application and payment of the
prescribed fee, the Secretary shall issue to a qualified applicant the
appropriate license which, subject to the provisions of this chapter and
other applicable provisions of law, shall entitle the licensee to trans-
port, ship, and recei ve firearms and ammunition covered by such license
in interstate or foreign commerce during the period stated in the
license.
"(d) (1) Any application submitted under subsection (a) or (b) of
this section shall be approved if —
"(A) the applicant is twenty-one years of age or over;
"(B) the applicant (including, in the case of a corporation,
partnership, or association, any individual possessing, directly or
indirectly, the power to direct or cause the direction of the man-
agement and policies of the corporation, partnership, or asso-
ciation) is not prohibited from transporting, shipping, or receiv-
ing firearms or ammunition in interstate or foreign commerce
under section 922 (g) and (h) of this chapter;
"(C) the applicant has not willfully violated any of the pro-
visions of this chapter or regulations issued thereunder;
"(D) the applicant has not willfully failed to disclose any
material information required, or has not made any false state-
ment as to any material fact, in connection with his application ;
and
"(E) the applicant has in a State (i) premises from which he
conducts business subject to license under this chapter or from
which he intends to conduct such business within a reasonable
period of time, or (ii) in the case of a collector, premises from
which he conducts his collecting subject to license under this
chapter or from which he intends to conduct such collecting within
a reasonable period of time,
" (2) The Seretary must approve or deny an application for a license
within the forty-five-day period beginning on the date it is received.
If the Secretary fails to act within such period, the applicant may file
76 stat. 744, m action under section 1361 of title 28 to compel the Secretary to act.
If the Secretary approves an applicant's application, such applicant
shall be issued a license upon the payment of the prescribed fee.
"(e) The Secretary may, after notice and opportunity for hearing,
revoke any license issued under this section if the holder of such
license has violated any provision of this chapter or anv rule or regu-
lation prescribed by the Secretary under this chapter, he Secretary's
action under this subsection may be reviewed only as provided in sub-
section (f ) of this section.
"(f ) (1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written notice
from the Secretary stating specifically the grounds upon which the
application was denied or upon which the license was revoked. Any
notice of a revocation of a license shall be given to the holder of such
license before the effective date of the revocation.
Revocation.
82 Stat. ] PUBLIC LAW 90-618-OCT. 22, 1968
"(2) If the Secretary denies an application for, or revokes, a license, Hearins *
he snail, upon request by the aggrieved party, promptly hold a hearing
to review his denial or revocation, In the case of a revocation of a
license, the Secretary shall upon the request of the holder of the license
stay the effective date of the revocation. A hearing held under this
paragraph shall be held at a location convenient to the aggrieved party.
u (%) If after a hearing held under paragraph (2) the Secretary Judwt*i r*»i«w.
decides not to reverse his decision to deny an application or revoke a
license, the Secretary shall give notice of liis decision to the aggrieved
partv. The aggrieved party may at any time within sixty days after
the date notice was given under this paragraph file a petition with the
United States district court for the district in which he resides or has
his principal place of business for a judicial review of such denial or
revocation. In a proceeding conducted under this subsection, the court
may consider any evidence submitted by the parties to the proceeding*
If the court decides that the Secretary was not authorized to deny the
application or to revoke the license, the court shall order the Secretary
to take such action as may be necessary to comply with the judgment
of the court
"(g) E ach 1 icensed importer , li censed maim f ac tu r er , li censed deal er , R ec ordk e ep in e -
and licensed collect or shall maintain such records of importation, pro-
duction ? shipment,, receipt, sale, or other disposition, of firearms and
ammunition at such place, for such period, and in such form as the
Secretary may by regulations prescribe. Such importers, manufac-
turers, dealers, and collectors shall make such records available for
inspection at all reasonable times, and shall submit to the Secretary
such reports and information with respect to such records and the con-
tents thereof as he shall by regulations prescribe. The Secretary mav
enter during business hours the premises (including places of storage)
of any firearms or ammunition importer, manuf aoturer, dealer, or col-
lector for the purpose of inspecting or examining (1) any records or
documents required to be kept by such importer, manufacturer, dealer,
or collector under the provisions of this chapter or regulations issued
under this chapter, and (2) any firearms or ammunition kept or stored
by such importer, manufacturer, dealer, or collector at such premises.
Upon the request of any State or any political subdivision thereof, the
Secretary may make available to such State or any political subdivi-
sion thereof, any information w r hich he may obtain by reason of the
provisions of this chapter with respect to the identification of persons
within such State or political subdivision thereof, who have purchased
or received firearms or ammunition, together with a description of such
firearms or ammunition.
"(h) Licenses issued under the provisions of subsection (c) of this lic ^^ in * ot
section shall be kept posted and kept available for inspection on the
premises covered by the license.
"(i) Licensed importers and licensed manufacturers shall identify,
by means of a serial number engraved or cast on the receiver or frame
of the weapon, in such manner as the Secretary shall bv regulations
prescribe, each firearm imported or manufactured by such importer or
manufacturer*
"(j) This section shall not apply to anyone who engages only in Exemption,
hand loading, reloading, or custom loading ammunition for his own
firearm, and who does not hand load, reload, or custom load ammuni-
tion for others.
"§ 924. Penalties
"(a) Whoever violates any provision of this chapter or knowingly
makes any false statement or representation with respect to the infor-
mation required hj the provisions of this chapter to be kept in the rec-
ords of a person licensed under this chapter, or in applying for any
96HJ0O O - 6D - 80
1224 PUBLIC LAW 90-618-GCT, 22 5
license or exemption or relief from disability under the pro visions of
this chapter, shall be fined not more than $5,000, or imprisoned not
more than live years, or both, and shall become eligible for parole as
the Board of Parole shall determine*
"(b) Whoever, with intent to commit therewith an offense punish-
able by imprisonment for a term exceeding one year, or with knowledge
or reasonable cause to believe that an offense punishable by imprison-
ment for a term exceeding one year is to be committed therewith, ships,
transports, or receives a firearm or any ammunition in interstate or
foreign commerce shall be fined not more than $10,000, or imprisoned
not more than ten years, or both.
"(c) Whoever—
"(1) uses a firearm to commit any felony which may be prose-
cuted in a court of the United States, or
"(2) carries a firearm unlawfully during the commission of
any felony which may be prosecuted in a court of the United
States,
shall be sentenced to a term of imprisonment for not less than one
year nor more than 10 years. In the case of his second or subsequent
conviction under this subsection, such person shall be sentenced to a
term of imprisonment for not less than five years nor more than 25
years, and, notwithstanding any other provision of law, the court shall
not suspend the sentence of such person or give him a probationary
sentence,
"(d) Any firearm or ammunition involved in or used or intended
to be ujsed in, any violation of the provisions of this chapter or any
rule or regulation promulgated thereunder, or any violation of any
other criminal law of the United States, shall be subject to seizure and
forfeiture and all provisions of the Internal Revenue Code of 1954
relating to the seizure, forfeiture, and disposition of firearms, as
Post p. t23o. d e fi ne< i \ n section 5845(a) of that Code, shall, so far as applicable,
extend to seizures and forfeitures under the provisions of this chapter.
*§ 925. Exceptions: Relief from disabilities
"(a) (1) The provisions of this chapter shall not apply with respect
to the transportation, shipment, receipt, or importation of any fire-
arm or ammunition imported for, sold or shipped to, or issued for the
use of, the United States or any department or agency thereof or any
State or any department, agency, or political subdivision thereof.
"(2) The provisions of this chapter shall not apply with respect to
(A) the shipment or receipt of firearms or ammunition when sold or
issued by the Secretary of the Army pursuant to section 4808 of title
70A stat, 236. ^ m ^ ^ pj j transportation of any such firearm or ammunition
carried out to enable a person, who lawfully received such firearm
or ammunition f mm the Secretary of the Army, to engage in military
training or in competitions.
" (3) Unless otherwise prohibited by this chapter or any other Fed-
eral law, a licensed importer, licensed manufacturer, or licensed dealer
may ship to a member of the United States Armed Forces on active
duty outside the United States or to clubs, recognized by the Depart-
ment of Defense, whose entire membership is composed of such mem-
bers, and such members or clubs may receive a firearm or ammunition
determined by the Secretary of the Treasury to be generally recognized
as particularly suitable for sporting purposes and intended for the
personal use oi such member or club.
"(4) When established to the satisfaction of the Secretary to be
consistent with the provisions of this chapter and other applicable
Federal and State laws and published ordinances, the Secretary may
82 Stat. ] PUBLIC LAW 90-618-OCT. 22, 1968
A United Slates. 1
authorize the transportation, shipment, receipt, or importation into
the United States to the place of residence of any member of the
United States Armed Forces who is on active duty outside the United
States (or who has been on active duty outside the United States
within the sixty day period immediately preceding the transportation,
shipment, receipt, or importation), of any tirearm or ammunition
which is (A) determined by the Secretary to be generally recognized
as particularly suitable for sporting purposes, or determined By the
Department of Defense to be a type of firearm normally classified as
a war souvenir* and (B) intended for the personal use of such member.
"(5) For the purpose, of paragraphs (3) and (4) of this subsection,
the term 'United States* means each of the several States and the
District of Columbia*
"(b) Ali cen sed i m port e r > I i c ensed nmnu facto re r, 1 i cense d deal er , or
licensed collector who is Indicted for a crime punishable by imprison-
ment for a term exceeding one year, may, notwithstanding any other
provision of this chapter, continue operation pursuant to his existing
license (if prior to the expiration of the term of the existing license
timely application is made for a new license) during the term of such
indictment and until any conviction pursuant to the indictment becomes
final.
"(c) A person who has been convicted of a crime punishable by
imprisonment for a term exceeding one year (other than a crime
involving the use of a firearm or other weapon or a violation of this
chapter or of the National Firearms Act) may make application to the PQ * tj p " 1121 '
Secret ary for relief from the disabilities imposed by Federal laws with
respect to the acquisition, receipt, transfer, shipment, or possession of
firearms and incurred by reason of such conviction, and the Secretary
may grant such relief if it is established to his satisfaction that the cir-
cumstances regarding the conviction, and the applicant's record and
reputation, are such that the applicant will not be likely to act in a
manner dangerous to public safety and that the granting of the relief
would not be contrary to the public interest. A licensed importer,
licensed manufacturer, licensed dealer, or li (reused collector conducting
operations under this chapter, who makes application for 'relief from
the disabilities incurred under this chapter by reason of such a convic-
tion, shall not be barred by such conviction from further operations
under his license pending final action on an application for relief filed
pursuant to this section. Whenever the Secretary grants relief to any Publication in
person pursuant to this section he shall promptly publish in the Federal ° era * eiater '
Register notice of such action, together with the reasons therefor.
(d) The Secretary may authorize a firearm or ammunition to be
imported or brought into the United States or any possession thereof
if the person importing or bringing in the firearm or ammunition
establishes to the satisfaction of the Secretary that the firearm or
ammunition—
} is being imported or brought in for scientific or research
purposes, or is for use in connection with competition or training
pursuant to chapter 401 of title 10 ; 7 ° 0 A ^ t&u 234 '
"(2) is an unserviceable firearm, other than a machinegun as 43 \ 3 c 4301 "
defined in section 5845(b) of the Internal Revenue Code of 1954 jfcift p 1231,
(not readily restorable to firing condition), imported or brought
in as a curio or museum piece ;
v "(3) is of a type that does not fall within the definition of a
firearm as defined in section 5845 (a) of the Internal Revenue Code
of 1954 and is generally recognized as particularly suitable for or
readily adaptable to sporting purposes, excluding surplus military
firearms; or
PUBLIC LAW 90-618-OCT. 22, 1968 [82 Stat.
"(4) was previously taken out of the United States or a posses-
sion by the person who is bringing in the firearm or ammunition*
The Secretary may permit the conditional importation or bringing
in of a firearm or ammunition for examination and testing in connec-
tion with the making of a determination as to whether the importation
or bringing in of such firearm or ammunition will be allowed under this
subsection.
"§926. Rules and regulations
"The Secretary may prescribe such rules and regulations as he deems
reasonably necessary to carry out the provisions of this chapter, in-
cluding—
(I) regulations providing that a person licensed under this
chapter, when dealing with another person so licensed, shall pro-
vide such other licensed person a certified copy of this license;
and t *
" ( 2 ) r egi 1 1 at ions p ro v id i ng f o r t he i ssu a nee , a t a reasonable cost ,
to a person licensed under this chapter, of certified copies of his
license for use as provided under regulations issued under para-
graph (1) of tliis subsection.
The Secretary shall give reasonable public notice, and afford to in-
terested parties opportunity for hearing, prior to prescribing such
rules and regulations.
*§»27. Effect on State law
"No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which ~
provision operates to the exclusion of the law of any State on the
subject matter, unless there is a direct and positive conflict between
such provision and the law of the State so that the two cannot be
reconciled or consistently stand together.
"§ 928. Separability
"If any (provision of this chapter or the application thereof to any
person or circumstance is held invalid, the remainder of the chapter
and the application of such provision to other persons not similarly
situated or to other circumstances shall not be affected thereby."
Sec. 103. The administration and enforcement of the amendment
made by this title shall lie vested in the Secretary of the Treasury,
Sec. 104. Nothing in this title or the amendment made thereby shall
be construed as modifying or affecting any provision of —
(a) the National Firearms Act (chapter 53 of the Internal
p««, p. 1227. R eTO nue Code of 1954) ;
(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C.
£• stat. 848, 1934), as amended, relating to munitions control; or
«" « *M Taii (c ) section 1715 of title 18, United States Code, relating to non-
mailable firearms.
Effective date*. (a) Except as provided in subsection (b), the provisions
of chapter 44 of title 18, United States Code, as amended by section
102 of this title, shall take effect on December 16, 1968.
(b) The following sections of chapter 44 of title 18, United States
Code, as amended by section 102 of this title shall take effect on the
date of the enactment of this title: Sections 921, 922(1), 925(a) (1),
and 925(d).
82 Stat. ] PUBLIC LAW 90-618-OCT. 22, 1968
TITLE II — MACHINE GUNS, DESTEUCTIVE DEVICES,
AND CERTAIN OTHEK FIREARMS
Sec. 201. Chapter 53 of the Internal Revenue Code of 1954 is
amended to read as follows:
National Fire-
arms Act Amend-
ments of 1968-
68 A Stftt, 721.
CHAPTER 53— MACHINE GUNS, DESTRUCTIVE
DEVICES, AND CERTAIN OTHER FIREARMS
"Subchapter A. Taxes.
"Subchapter B< General provisions and exemptions.
"Subchapter C. Prohibited acts.
"Subchapter D. Penalties and forfeitures.
"Subchapter A — Taxes
"Part % Special (occupational) taxes.
"Part II. Tax on transferring firearms.
"Part III. Tax on making i
5862.
"PART I — SPECIAL (OCCUPATIONAL) TAXES
M Sec. 5801. Tax.
"Sec. 5802, Registration of importers, manufacturers, and dealers,
"SEC 5*01. TAX,
"On first engaging in business and thereafter on or before the first
day of July of each year, every importer, manufacturer, and dealer in
firearms snail pay a special (occupational) tax for each place of
business at the following rates :
"(1) Importers.— $500 r year or fraction thereof;
"(2) Manufacturers. — $500 a year or fraction thereof;
"(3) Dealers.— $200 a year or fraction thereof.
Except an importer, manufacturer, or dealer who imports, manu-
factures, or deals in only weapons classified as 'any other weapon'
under section 5845(e), shall pay a special (occupational) tax for each
place of business at the following rates: Importers, $25 a year or
fraction thereof; manufacturers, $25 a year or fraction thereof;
dealers, $10 a year or fraction thereof.
"SEC. 5802; REGISTRATION OF IMPORTERS, MANUFACTURERS, AND
DEALERS.
a On first engaging in business and thereafter on or before the first
day of July of each year, each importer, manufacturer, and dealer in
firearms shall register with the Secretary or his delegate in each
internal revenue district in which such business is to be carried on,
his name, including any trade name, and the address of each location
in the district where he will conduct such business. Where there is a
change during the taxable year in the location of, or the trade name
ujsed in, such business, the importer, manufacturer, or dealer shall file
an application with the Secretary or his delegate to amend his regis-
tration. Firearms operations of an importer, manufacturer, or dealer
may not be commenced at the new location or under a new trade name
prior to approval by the Secretary or his delegate of the application.
PUBLIC LAW 90-618-OCT. 22, 1968 [82 Stat.
"PART II— TAX ON TRANSFERRING FIREARMS
A Seo, 5811. Transfer tax.
"Sec. Transfers,
*SBC 581L TRANSFER TAX,
"(a) Rate. — There shall be levied, collected, and paid on firearms
transferred a tax at the rate of $200 for each firearm transferred,
except, the transfer tax on any firearm classified as any other weapon
under section 5S45{e) shall be at the rate of $5 for each such firearm
transferred.
"(b) By Whom Paid,— The tax imposed by subsection (a) of this
section shall be paid by the transferor.
u (c) Payment. — The tax imposed by subsection {a) of this section
shall be payable by the appropriate stamps prescribed for payment
by the Secretary or his delegate.
-SEC 5812. TRANSFERS.
^(a) Application.— -A firearm shall not be transferred unless (1)
the transferor of the firearm has filed with the Secretary or his dele-
gate a written application, in duplicate, for the transfer and registra-
tion of the firearm to the transferee on the application form prescribed
by the Secretary or his delegate; (2) any tax payable on the transfer
is paid as evidenced by the proper stamp affixed to the original appli-
cation form; (3) the transferee is identified in the application form
in such manner as the Secretary or his delegate may by regulations
prescribe, except that, if such person is an individual, the identifica-
tion must include his fingerprints and his photograph; (4) the trans-
feror of the firearm is identified in the application form in such man-
ner as the Secretary or his delegate may by regulations prescribe; (5)
the firearm is identified in the application form in such manner as the
Secretary or his delegate may by regulations prescribe; and (6) the
application form shows that the Secretary or his delegate has approved
the transfer and the registration of the firearm to the transferee. Ap-
plications shall be denied if the transfer, receipt, or possession of the
firearm would place the transferee in violation of law.
" (b) Transfer of Possession. — The transferee of a firearm shall not
take possession of the firearm unless the Secretary or his delegate has
approved the transfer and registration of the firearm to the transferee
as required by subsection (a) of this section.
*PART in— TAX ON MAKING FIREARMS
"Sec, 5821. Making tax.
"Sec. 5822. Making,
"SEC. Wit MAKING TAX.
"(a) Rate. — There shall be levied, collected, and paid upon the
making of a firearm a tax at the rate of $*200 for each firearm made,
"(b) By Whom Palo. — The tax imposed by subsection (a) of this
section shall be paid by the person making the firearm.
"(c) Payment* — Tlie tax imposed by subsection (a) of this section
shall be payable by the stamp prescribed for payment by fhe Secretary
or his delegate.
*SEC. 5822. MAKING.
"No person shall make a firearm unless he has (a) filed with the
Secretary or his delegate a written application, in duplicate, to make
and register the firearm on the form prescribed by the Secretary or his
delegate; (b) paid any tax payable on the making and such payment
is evidenced by the proper stamp affixed to the original application
form; (c) identified the firearm to be made in the application form
82 Stat. ] PUBLIC LAW 90-618-OCT. 22, 1968 1229
in such manner as the Secretary or his delegate may hy regulations
prescribe; (d) identified himself in the application form in such man-
ner as the Secretary or his delegate may by regulations prescribe, ex-
cept that, if such person is an individual, the identification must in-
clude his fingerprints and his photograph; and (e) obtained the ap-
proval of t he Secretary or his delegate to make and register the firearm
and the application form shows such approval. Applications shall be
denied if the making or possession of the firearm would place the
person making the firearm in violation of law.
"Subchapter B — General Provisions and Exemptions
"Part I. General provisions.
'■Part II. Exemptions-
"PART I — GENERAL PROVISIONS
"Sec. 5841. Registration of firearms.
"See. 5842, Identification of firearms.
"Sec, 5843, Records and return §.
"Sec. 5844 Importation.
"Sec. 5845. Definitions.
"Sec. 5846. Other laws applicable;
"Sec. 5847. Effect on other law,
"Sec. 5848. Restrictive use of information,
"Sec. 084&. Citation of chapter.
"SEC. 5841. REGISTRATION OF FIREARMS.
"(a) Central Registry. The Secretary or his delegate shall main- «* H «i™"i «*£
. * * . . j-iif* ■ S -rt - 1 i * t erms Registration
tarn a central registry of all firearms m the United States which are and Transfer Rec-
not in the possession or under the control of the United States, This ord -
registry shall be known as the National Firearms Registration and
Transfer Record. The registry shall include —
"(1) identification of the firearm;
"(2) date of registration; and
"(3) identification and address of person entitled to possession
of the firearm*
"(b) By Whom Registered. — Each manufacturer, importer, and
maker shall register each firearm he manufactures, imports, or makes.
Each firearm transferred shall be registered to the transferee by the
transferor.
"(c) How Registered.— Each manufacturer shall notify the Secre-
tary or his delegate of the manufacture of a firearm in such manner as
may by regulations be prescribed and such notification shall effect the
registration of the firearm required by this section. Each importer,
maker, and transferor of a firearm shallj prior to importing, making,
or transferring a firearm, obtain authorization in such manner as re-
quired by this chapter or regulations issued thereunder to import,
make, or transfer the firearm, and such authorization shall effect the
registration of the firearm required by this section,
"(d) Firearms Registered on Effective I>atjg or This Act. — A
person shown as possessing a firearm by the records maintained by the
Secretary or his delegate pursuant to the National Firearms Act in 68A Stfll - 72l '>
force on the day immediately prior to the effective date of the National ^rirscVsoi .
Firearms Act of 1968 shall be considered to have registered under this $B62.
section the firearms in his possession which are disclosed by that record Past - p 1255
as being in his possession.
"(e) Proof of Registration. — A person possessing a firearm regis-
tered as required by this section .shall retain proof of registration
which shall be made available to the Secretary or his delegate upon
PUBLIC LAW 90-618-OCX 22, 1968
[82 Stat,
"SEC 5842, IDENTIFICATION OF FIREARMS.
"(a) Identification of Firearms Other Than Destructive
Devices. — Each manufacturer and importer and anyone making a fire-
arm shall identify each firearm, other than a destructive device, manu-
factured, imported, or made by a serial number which may not he
readily removed, obliterated, or altered, the name of the manufacturer,
importer, or maker, and such other identification as the Secretary or
his delegate may by regulations prescribe.
"(b) Firearms Without Serial Number. — Any person who pos-
sesses a firearm 5 other than a destructive device, which does not bear the
serial number and other information required by subsection (a) of this
section shall identify the firearm with a serial number assigned by the
Secretary or his delegate and any other information the Secretary or
his delegate may by regulations prescribe.
"(c) Identification of Destructive Device.— Any firearm classi-
fied as a destructive device shall be identified in such manner as the Sec-
retary or his delegate may by regulations prescribe.
"SEC. 5843, RECORDS AND RETURNS*
"Importers, manufacturers, and dealers shall keen such records of,
and render such returns in relation to, the importation, manufacture,
making, receipt, and sale, or other disposition, of firearms as the Sec-
retary or his delegate may by regulations prescribe.
"SEC, 5844. IMPORTATION.
"No firearm shall be imported or brought into the Ignited States or
any territory under its control or jurisdiction mil ess the importer estab-
lishes, under regulations as maybe prescribed by the Secretary or his
delegate, that the firearm to be imported or brought in is —
"(1) being imported or brought in for the use of the United
States or any department, independent establishment, or agency
thereof or any State or possession or any political subdivision
thereof; or
"(2) being imported or brought in for scientific or research pur-
poses; or
"(ft) being imported or brought in solely for testing or use as a
model by a registered manufacturer or solely for use as a sample
by a registered importer or registered dealer ;
except that, the Secretary or his delegate may permit the conditional
importation or bringing in of a firearm for examination and testing in
connection with classifying the firearm.
"SEC. 5845. DEFINITIONS.
"For the purpose of this chapter —
"(a) Firearm.— The term 'firearm 3 means (1) a shotgun having a
barrel or barrels of less than 18 inches in length; (2) a weapon made
from a shotgun if such weapon as modified has an overall length of
less than 26 inches or a barrel or barrels of less than 18 inches in length ;
(8) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of less than
16 inches in length; (5) any other weapon, as defined in subsection
(e) ; (6) a machinegun; (7) a muffler or a silencer for any firearm
whether or not such firearm is included within this definition ; and (8)
a destructive device. The term 'firearm 1 shall not include an antique
firearm or any device (other than a machinegun or destructive device)
which, although designed as a weapon, the Secretary or his delegate
finds by reason of the date of its manufacture, value, design, and
other characteristics is primarily a collector's item and is not likely
to be used as a weapon.
82 Stat. ]
PUBLIC LAW 9tM518~-OCT. 22, 1968
iS (b) Machtnkgun.— The term 'machinegun' means any weapon
which shoots, is designed to shoot, or can be readily restored to shoot,
automatically more than one shot, without manual reloading, by a
single function of the trigger. The term shall also include the frame
or receiver of any such weapon, any combination of parts designed
and intended for use in converting a weapon into a machincgun, and
any combination of parts from which a inachinegun can be assembled
if such parts are in the possession or under the control of a person,
**(c) Rifle. — The term 'rifle' means a weapon designed or rede-
signed, made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of the
explosive in a fixed cartridge to fire only a single projectile through
a rifled bore for each single pull of the trigger, and shall include any
such weapon which may be readily restored to fire a fixed cartridge.
"(d) Shotgun. — The term Shotgun' means a weapon designed or
redesigned, made or remade, and intended to be fired from the shoulder
and designed or redesigned and made or remade to use the energy of
the explosive in a fixed shotgun shell to fire through a smooth bore
either a number of projectiles {ball shot) or a single projectile for each
pull of the trigger, and shall include any such weapon which may be
leadily restored to fire a fixed shotgun shell.
"(e) Any Other Weapon.— The term 'any other weapon 1 means an v
weapon or device capable of being concealed on the person from which
a shot can be discharged through the energy of an explosive, a pistol or
revolver having a barrel with a smooth bore designed or redesigned to
fire a fixed shotgun shell, weapons with combination shotgun and rifle
barrels 12 inches or more, less than 18 inches in length, from which only
a single discharge can be made from either barrel without manual
reloading, and shall include any such weapon which may be readily
restored to fire. Such term shall not include a pistol or a revolver having
a rifled bore> or rifled bores, or weapons designed, made, or intended to
be fired from the shoulder and not capable or firing fixed ammunition*
"(f) Destructive Device —The term 'destructive device 7 means (1 )
any explosive, incendiary, or poison gas (A) bomb, (B) grenade,
(C) rocket having a propellent charge of more than four ounces, (D)
missile having an explosive or incendiary charge of more than one-
quarter ounce, (E) mine, or (F) similar device; (2) any type of
weapon by whatever name known which will, or which may be readily
converted to, expel a projectile by the action of an explosive or other
propellant, the barrel or barrels of which have a bore of more than
one-half inch in diameter, except a shotgun or shotgun shell which the
Secretary or his delegate finds is generally recognized as particularly
suitable for sporting purposes; and (3) any combination of parts
either designed or intended for use in converting any device into a
destructive device as defined in subparagraphs (lT and (2) and from
which a destructive device may be readily assembled. The term 'destruc-
tive device 5 shall not include any device which is neither designed nor
redesigned for use as a weapon; any device f although originally
designed for use as a weapon, which is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar device; surplus ordnance
sold, loaned, or given by the Secretary of the Army pursuant to the
grovisions of section 4684(2), 4685, or 4686 of title 10 of the United 70A Stfll - es-
tates Code ; or any other device which the Secretary of the Treasury
or his delegate finds is not likely to be used as a weapon, or is an
antique or is a rifle which the owner intends to use solely for sporting
PUBLIC LAW 90-618-GCT, 22, 1968 [82 Stat.
center fire ignition with fixed ammunition and manufactured in or
before- 1898 (including any matchlock, flintlock, percussion cap, or
similar type of ignition system or replica thereof, whether actually
manufactured before or after the year 1808) and also any firearm
using fixed ammunition manufactured in or before 1898, for which
ammunition is no longer manufactured in the United States and is
not readily available in the ordinary channels of commercial trade.
"(h) Unserviceable Firearm. — The term 'unserviceable firearm-
means a firearm which is incapable of discharging a shot by_ means of
an explosive and incapable of oeing readily restored to a firing condi-
tion*
"(i) Make. — The term *make ? , and the various derivatives of such
word, shall include manufacturing (other than by one qualified to
engage in such business under this chapter), putting together, alter-
ing, any combination of these, or otherwise producing a firearm*
" (j ) Transfer— The term ^transfer and the various derivatives of
such word, shall include selling, assigning, pledging, leasing, loaning,
giving away, or otherwise disposing of.
"(k) Dealer— The term 'dealer means any person, not a manu-
facturer or importer, engaged in the business of selling, renting, leas-
ing, or loaning firearms and shall include pawnbrokers who accept
firearms as collateral for loans.
u (l) Importer. — The term 'importer 5 means any person who is
engaged in the business of importing or bringing firearms into the
United States.
u (tn) Manufacturer,— The term ^manufacturer means any person
who is engaged in the business of manufacturing firearms.
M SEC. 5846. OTHER LAWS APPLICABLE.
"Ail provisions of law relating to special taxes imposed by chapter
26 use sooi- 5 * to ^graving, issuance, sale, accountability, cancellation, and
5692, distribution of stamps for tax payment shall, insofar as not incon-
Post, p, 1235. sistent with the provisions of tins chapter, be applicable with respect
to the taxes imposed by sections 5801, 5811, and 5821.
"SEC, EFFECT ON OTHER LAWS.
"Nothing in this chapter shall be construed as modifying or affect-
ing the requirements of section 414 of the Mutual Security Act of 1954,
as amended, with respect to the manufacture, exportation, and importa-
tion of arms, ammunition, and implements of war,
*SEG 5848. RESTRICTIVE USE OF INFORMATION.
"(a) General Rule. — No information or evidence obtained from
an application, registration, or records required to be submitted or
retained by a natural person in order to comply with any provision
of this chapter or regulations issued thereunder, shall, except as pro-
vided in subsection (b) of this section, be used, directly or indirectly, as
evidence against that person in a criminal proceeding with respect to
a violation of law occurring prior to or concurrently with the filing
of the application or registration, or the compiling of the records con-
taining the information or evidence.
"(b) Furnishing False Information,— Subsection (a) of this sec-
tion shall not preclude the use of any such information or evidence
in a prosecution or other action under any applicable provision of
law with respect to the furnishing of false information.
4 SEC 5849. CITATION OF CHAPTER.
£i This chapter may be cited as the 'National Firearms Act' and any
reference in any other provision of law to the 'National Firearms Act'
shall be held to refer to the provisions of this chapter.
68 Stat. S4S,
22 OSC 1934.
82 Stat, ]
PUBLIC LAW 90-6ia-OCl\ 22, 1968
"PART II — EXEMPTIONS
"Sec. 5831. Special (occupational) tax exemption,
' Sec. 5852, General transfer and making exemption.
"See. 5853. Exemption from transfer and making tax available to
certain governmental entities and officials.
"Sec. 5854. Exportation of firearms exempt from transfer tax.
"SEC. 5851. SPECIAL (OCCUPATIONAL) TAX EXEMPTION.
"(a) Business With Unitep States. — Any person required to pay
special (occupational) tax under section 5801 shall be relieved from
payment, of that tax if he establishes to the satisfaction of the Secre-
tary or his delegate that his business is conducted exclusively with, or
on behalf of, the United States or any department, independent estab-
lishment, or agency thereof. The Secretary or his delegate may relieve
any person manufacturing firearms for, or on behalf of, the United
States from compliance with any provision of this chapter in the con-
duct of such business.
"(b) Application. — The exemption provided for in subsection (a)
of this section may be obtained by 'filing with the Secretary or his dele-
gate an application on such form and containing such information as
may by regulations be prescribed. The exemptions must thereafter be a™**!,
renewed on or lief ore July i of each year. Approval of the application
by the Secretary or his delegate shall entitle the applicant to the exemp-
tions stated on the approved application.
"SEC 5852, GENERAL TRANSFER AND MAKING TAX EXEMPTION.
"(a) Transfer.— Any firearm may be transferred to the United
States or any department, independent establishment, or agency
thereof, without payment of the transfer tax imposed by section 5811.
"(b) Making hy a Person Other Than a Qualified Manu-
factures. — Any firearm may be made hy, or on behalf of, the United
States, or any department, independent establishment, or agency
thereof, without payment of the making tax imposed by section 5821.
%i (c) Makino bt a Qualified Manifacturer, — A manufacturer
qualified under this chapter to engage in such business may make the
type of firearm which he is qualified to manufacture without payment
of the making tax imposed by section 5821.
u (d) Transfers Between Special {Occupational) Taxpayers. —
A firearm registered to a person qualified under this chapter to engage
in business as an importer, manufacturer, or dealer may be transferred
by that person without payment of the transfer tax imposed by sec-
tion 5811 to any other person qualified under this chapter to manu-
facture, import, or deal in that type of firearm.
"(e) UjrSEKvietvuu.E Firearm* — An unserviceable firearm may be
transf erred as a curio or ornament without payment of the transfer
tax imposed by section 5811, under such requirements as the Secretary
or his delegate may by regulations prescribe.
" ( f ) Right to Exebtption. — No firearm may be transferred or made
exempt from tax under the provisions of this section unless the trans-
fer or making is performed pursuant to an application in such form
and manner as the Secretary or his delegate may by regulations
prescribe,
"SEC 5853. TRANSFER AND MAKING TAX EXEMPTION AVAILABLE TO
CERTAIN GOVERNMENTAL ENTITIES,
"(a) Transfer— A firearm may be transferred without the pay-
ment of the transfer tax imposed by section 5811 to any State, posses-
sion of the United States, any political subdivision thereof, or any
official police organization of such a government entity engaged in
criminal investigations.
"(b) Making.— A firearm may be made without payment of the
making tax imposed by section 5821 by, or on behalf of, any State, or
PUBLIC LAW 90-618-OCT. 22, 1968 [82 Stat,
possession of the United States, any political subdivision thereof, or
any official police organization of such a government entity engaged
in criminal investigations.
"(c) Eight to Exemption, — No firearm may be transferred or made
exempt from tax under this section unless the transfer or making is
performed pursuant to an application in such form and manner as the
Secretary or his delegate may by regulations prescribe.
"SEC 5854. EXPORTATION OF FIREARMS EXEMPT FROM TRANSFER
TAX.
W A firearm may be exported without payment of the transfer tax
imposed under section 5811 provided that proof of the exportation is
furnished in such form and manner as the Secretary or his delegate
may by regulations prescribe.
"Subchapter C— Prohibited Acts
"SEC. 5861. PROHIBITED ACTS.
"It si mil be unlawful for any person —
w (a) to engage in business as a manufacturer or importer of,
or dealer in, firearms without having paid the special (occupa-
tional) tax required by section 5801 for his business or having
registered as required oy section 5802; or
u (h) to receive or possess a firearm transferred to him in viola-
t ion of the provisions of this chapter* or
"(c) to receive or possess a firearm made in violation of the
provisions of this chapter; or
"(d) to receive or possess a firearm which is not registered to
him in the National Firearms Registration and Transfer Record;
or
"(e) to transfer a firearm in violation of the provisions of this
chapter; or
"(f) to make a firearm in violation of the provisions of this
chapter; or
"(g) to obliterate, remove, change, or alter the serial number or
other identification of a firearm required by this chapter; or
"(h) to receive or possess a firearm having the. serial number or
other identification required by this chapter obliterated, removed,
changed, or altered; or
"(i) to receive or possess a firearm which is not identified by a
serial number as required by this chapter; or
"(j) to transport, deliver, or receive any firearm in interstate
commerce which has not been registered as required by this chap-
ter; or
"(k) to receive or possess a firearm which has been imported or
brought into the United States in violation of section 5844; or
"(f) to make, or cause the making of, a false entry on any
application, return, or record require! by' this chapter, knowing
such entry to be false.
"Subchapter D— Penalties and Forfeitures
°K*c. 3871, Penalties
^EC. 5871. PENALTIES,
"Any person who violates or fails to comply with any provision of
this chapter shall, upon conviction, be fined not more than $10,000,
or be imprisoned not more than ten years, or both, and shall become
eligible for parole as the Board of Parole shall determine.
82 Stat. ] PUBLIC LAW 90-618-OCT. 22, 1968 1235
"SEC 5872. FORFEITURES,
"(a) Laws Applicable. — Any firearm involved in any violation of
1 he provisions of t)i\H chapter shall lie subject to seizure and forfeiture,
and (except as provided in subsection (b) ) all the provisions of inter-
nal revenue laws relating to searches, seizures, and forfeitures of
unstamped articles are extended to and made to apply to the articles
taxed under this chapter, and the persona to whom tln^ chapter applies.
<£ (b) Disposal. — In the case of the forfeiture of any firearm by
reason of a violation of this chapter, no notice of public sale shall be
required ; no such firearm shall be sold at public sale ; if such firearm is
forfeited for a violation of this chapter and there is no remission or
mitigation of forfeiture thereof, it shall be delivered by the Secretary
or his delegate to the Administrator of General Services, General
Services Administration, who may order such firearm destroyed or
may sell it to any State, or possession, or political subdivision thereof,
or at the request of the Secretary or his delegate, may authorize its
retention for official use of the Treasury Department, or may transfer
ir without charge to any executive department or independent estab-
lishment of the Government for use by it."
Sec. 202* The amendments made by section 201 of this title shall be Cit-uon of
cited as the "National Firearms Act Amendments of 1968". mm*m
Sec. 201k (a) Section 6107 of the Internal Revenue Code of 1954 is ^
i j oaA Stat. 75cu
repeated. 26 use &iQ7.
(b) The table of sections for subchapter B of chapter 61 of the
Internal Revenue Code of 1054 is amended by striking out :
"Sec. 6107. List of special taxpayers for public inspection."
Sec. 204. Section 6806 of the Internal Revenue Code of 1954 is
amended to read as follows:
"SEC. 6806. OCCUPATIONAL TAX STAMPS.
"Every person engaged in any business, avocation, or employment,
who is thereby made liable to a special tax (other than a special tax
under subchapter B of chapter 35, under subchapter B of chapter 36, 44 ^ ^jt 4 4 l 4 ^ 3
or under subtitle E) shall place and keep conspicuously in his estab- 5 ooi-ss62."
Kshment or place of business all stamps denoting payment of such
special tax*"
Sec. 205. Section 7273 of the Internal Revenue Code of 1954 is
amended to read as follows;
"SEC. 7273. PENALTIES FOR OFFENSES RELATING TO SPECIAL TAXES.
"Any person who shall fail to place and keep stamps denoting the
payment of the special tax as provided in section 6806 shall be liable to
a penalty (not less than $10) equal to the special tax for which his busi-
ness rendered him liable, unless such failure is shown to be due to
reasonable cause. If such failure to comply with section 6806 is through
willful neglect or refusal, then the penalty shall be double the amount
above prescribed."
Sec. 206. (a) Section 5692 of the Internal Revenue Code of 1954 is „„
repealed. 72 St43t U13 '
(b) The table of sections for part V of subchapter J of chapter 51
of the Internal Revenue Code of 1954 is amended by striking out :
l S(h\ 5692. Penalties relating to porting of special tax stamps."
Sec, 207. (a) Section 201 of this title shall take effect on the first EffectLve dmes -
day of the first month following the month in which it is enacted.
(b) Notwithstanding the provisions of subsection (a) or any other
provision of law, any person possessing a firearm as defined in section
5845(a) of the Internal Revenue Code of 1954 (as amended b^ this
title) which is not registered to him in the National Firearms ReglSt ra-
ylnfe, p* 1230.
PUBLIC LAW 90-619^GCl\ 22, 1968 [82 Stat.
Ants, p + 1229.
Effective date.
Publication in
Federal Register.
tion and Transfer liecord shall register each firearm so possessed with.
the Secretary of the Treasury or his delegate in such form and manner
as the Secretary or his delegate may require within the thirty days
immediately following the effective date of section 201 of this Act.
Such registrntioiis shall become a part of the National Firearms Regis-
tration and Transfer Record required to be maintained bv section
5841 of the Internal Revenue Code of 1£>54 (as amended by this title),
No information or evidence required to be submitted or retained by a
natural person to register a firearm under this section shall be used,
directly or indirectly, as evidence against such person in any criminal
proceeding with respect to a prior or concurrent violation of law ,
(c) The amendments made by sections 2G % 2 through 206 of this title
shall take effect on the date of enactment,
(d) The Secretary of the Treasury, after publication in the Federal
Register of his intention to do so, is authorized to establish such periods
of amnesty, not to exceed ninety days in the case of any single period,
and iinni unity from liability during any such period, as the Secretary
determines will contribute to the purposes of this title.
TITLE III — AMENDMENTS TO TITLE VII OF THE OMNI^
BUS CRIME CONTROL AND SAFE STREETS ACT OF
1968
Ante, p- 236.
1 Felony."
Sec. 301. (a) Title VII of the Omnibus Crime Control and Safe
Streets Act of 1968 (Public Law 90-351) is amended—
(1) by striking out "other than honorably discharged" in sec-
tion 1201, and substituting therefor "discharged under dishon-
orable conditions" ; and
(2) by striking out "other than honorable conditions" in sub-
sections (a) (2) and (b) (2) of section 1202 and substituting there-
for in each instance "dishonorable conditions*'.
(b) Section 1202(c) (2) of such title is amended to read as follows:
"(2) £ felony' means any offense punishable by imprisonment,
for a term exceeding one year, but does not include any offense
(other than one involving a firearm or explosive) classified as a
misdemeanor under the laws of a State and pimi suable by a term
of imprisonment of two years or less
Sec, 302. The amendments made by paragraphs Jl) and (2) of
subsection (a) of section 301 shall take effect as of June 19, 1968,
Approved October 22, 1968,
October 22, 196*
[H.K* 14095]
Wine Bpirlta.
72 Stat. 1332^
26 USC 5173,
Public Law 90-619
AN ACT
To amend the Internal Revenue Code of 1954 so ae to make certain changes to
facilitate the production of wine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress asseinblea, That the first sen-
tence of section 5373(a) of the Internal Revenue Code of 1954 (re-
lating to wine spirits) is amended to read as follows: "The wine
spirits authorized to be used in wine production shall be brandy or
wine spirits produced in a distilled spirits plant (with or without the
use of water to facilitate extraction ana distillation) exclusively from —
" ( 1 ) fresh or dried fruit, or their residues,
"(2) the w ine or wine residues therefrom , or
" (3) special natural wine under such conditions as the Secretary
or his delegate mav by regulations prescribe ;
except that where, in the production of natural wine or special natural
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